65-1665. Same; drug donation; provider participation; dispensing; handling fee; resale prohibited.

65-1665

Chapter 65.--PUBLIC HEALTH
Article 16.--REGULATION OF PHARMACISTS

      65-1665.   Same; drug donation; providerparticipation; dispensing; handling fee; resale prohibited.(a) Any personmay donate prescription cancer drugs to the cancer drug repositoryprogram. Thecancer drugs must be donated at a physician's office, pharmacy, hospital ornonprofit clinic that electsto participate in the cancer drug repository program. Participation in thecancer drug repository program is voluntary.Nothing in this act or any otherstatutes of this state requires a physician's office, pharmacy, hospital ornonprofitclinic to participate in the program.

      (b)   The cancer drugs shall be dispensed by the following persons who areauthorized pursuant to K.S.A. 65-1635, and amendments thereto, to dispensedrugs: (1) Licensed physicians who are dispensing practitioners pursuant toK.A.R. 100-21-1 and (2) licensed pharmacists. The cancer drug may be dispensedonly pursuant to a prescription issued by a person authorized to prescribedrugs. A pharmacy, hospital ornonprofit clinic that accepts donated cancer drugs shall comply with allapplicablefederal laws and laws of this state dealing with storage and distribution ofdangerous drugs and shall inspect all cancer drugs prior to dispensing them todetermine that they are not adulterated. The pharmacy, hospital or nonprofitclinic may charge individuals receiving donated cancer drugs a handling feeestablished in accordance with rules and regulations adopted by the board.Cancer drugs donated to the repository may not be resold.

      History:   L. 2005, ch. 121, § 2; July 1.